Sri.Mohammed Nageeb Madathil vs Housing Development Finance ...
2021 Latest Caselaw 19249 Ker

WP(C) No.18217/2021                        1/3

                         IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                         PRESENT
                      THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS
            Tuesday, the 14th day of September 2021 / 23rd Bhadra, 1943
                             WP(C) NO. 18217 OF 2021(B)
   PETITIONER:

          SRI.MOHAMMED NAGEEB MADATHIL, AGED 64 YEARS S/O. MOIDEENKUTTY,
          2480AI, MSONS VILLA, POTTAMAL JUNCTION, KOZHIKODE 673 016.

   RESPONDENTS:

      1. HOUSING DEVELOPMENT FINANCE CORPORATION LIMITED, HDFC HOUSE, P.B.
         NO. 1667, RAVIPURAM JUNCTION, M.G. ROAD, KOCHI 682 015, REPRESENTED
         BY ITS AUTHORISED OFFICER.
      2. HOUSING DEVELOPMENT FINANCE CORPORATION LIMITED, HDFC HOUSE, SEIKEN
         CHAMBERS, IST FLOOR, KANNUR ROAD, KOZHIKODE 673 001 REPRESENTED BY
         ITS BRANCH MANAGER.

        Writ petition (civil) praying inter alia that in the circumstances
   stated in the affidavit filed along with the WP(C) the High Court be
   pleased to stay all further proceedings in pursuance of Exhibit P13,
   pending disposal of the above Writ Petition.
        This petition coming on for orders upon perusing the petition and
   the affidavit filed in support of WP(C) and upon hearing the arguments of
   M/S.P.JAYABAL MENON & REKHA AGARWAL Advocates for the petitioners,
   SRI.K.CHANDRAN PILLAI (SENIOR ADVOCATE) along with Smt. S.AMBILY, Advocate
   for the respondents, the court passed the following:
                                      ORDER

WP(C) No.18217/2021 2/3

BECHU KURIAN THOMAS, J.

---------------------------------------- W.P.(C) No.18217 of 2021

---------------------------------------- Dated this the 14th day of September, 2021

ORDER

Notwithstanding the fact that the earlier two judgments of this Court

have not been complied with by the petitioner, indulgence of this Court is

again sought to repay the entire amount.

2. Though in strict senso, this writ petition ought to be dismissed,

Adv.K.Chandran Pillai, learned Senior Counsel duly instructed by

Adv.S.Ambily appearing on behalf of the respondents submitted that, even

though petitioner is not entitled for any indulgence, bank is willing to show

leniency to the petitioner, as a last chance, on condition that the petitioner

deposits an amount of Rs.50 Lakhs on or before 01.10.2021 to show his

bonafides.

3. Accordingly, petitioner is directed to deposit an amount of Rs.50

Lakhs on or before 01.10.2021 to enable this Court to consider grant of

instalment facility to repay the entire amount outstanding.

Post on 4.10.2021. Till then, the petitioner shall not be

dispossessed from the property.

Handover.

Sd/-

                                                      BECHU KURIAN THOMAS
                                                            JUDGE
          vps




14-09-2021                        /True Copy/                               Assistant Registrar
 WP(C) No.18217/2021                3/3

                      APPENDIX OF WP(C) 18217/2021
Exhibit P13           TRUE COPY OF THE NOTICE DATED 01/09/2020.